This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short).

Please note in Section 10, “Disputes with SMTHY”, it contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, meaning that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use SMTHY.app, Pattern by SMTHY, our mobile apps, and the other services provided by SMTHY (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. Agree with us? Great, read on!

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy (as seen below).

If, however, SMTHY and makers are found to be joint data controllers of consumers’ personal information, and if SMTHY is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of consumer personal information, you agree to indemnify SMTHY for the expenses it occurs in connection with your processing of buyer personal information.

You’ll need to create an account with SMTHY to use some of our Services. Here are a few rules about accounts with SMTHY:

1. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use SMTHY or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online.
2. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
3. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
4. You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
5. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
6. Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and SMTHY.

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

1. Y Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
2. Permission to Use Your Content. By posting Your Content through our Services, you grant SMTHY a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help SMTHY function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. . For example, you acknowledge and agree SMTHY may offer you or SMTHY buyers promotions on the Site, from time to time, that may relate to your listings.
3. Rights You Grant SMTHY. (Here’s the legalese version of the last section). By posting Your Content, you grant SMTHY a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote SMTHY, your SMTHY shop, or the Services in general, in any formats and through any channels, including across any SMTHY Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
   That sounds like a lot, but it’s necessary for us to keep SMTHY going. Consider these examples: if you upload a photo or video of a listing on your SMTHY shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo or video of your latest handmade necklace, we can feature it– often along with your shop name and shop picture– on our homepage, in one of our blogs or even on a billboard to help promote your business and SMTHY’s.
4. Reporting Unauthorized Content. SMTHY has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact support@smthy.app. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
5. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on SMTHY’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

1. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against SMTHY, another SMTHY user, or a third party.
2. Pay Your Bills. You are responsible for paying all fees that you owe to SMTHY. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. For digital items sold to buyers in Australia, Belarus, Chile, the EU, Iceland, India, Indonesia, Japan, Malaysia, Mexico, Moldova, New Zealand, Norway, Quebec (Canada), Russia, Saudi Arabia, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, United Arab Emirates or the United Kingdom. SMTHY will help collect and remit the correct amount of value-added tax or VAT. Some countries may refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we’ll just refer to VAT, GST, and any local sales taxes collectively as “VAT.” In addition, SMTHY will calculate, collect, and remit sales tax where applicable.
3. Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
4. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
5. IFollow Our Trademark Policy. The name "SMTHY" and the other SMTHY marks, phrases, logos, and designs that we use in connection with our Services (the SMTHY Trademarks), are trademarks, service marks, or trade dress of SMTHY in the US and other countries.
6. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to SMTHY (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
7. Talk to Us Online. From time to time, SMTHY will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

Termination By You. We'd hate to see you go, but you may terminate your account with SMTHY at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.

If you or SMTHY terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. SMTHY reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason, including those laid out in SMTHY’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

Items You Purchase. You understand that SMTHY does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so SMTHY cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release SMTHY from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. SMTHY is not a party to those agreements; they are solely between you and the third party.

We hope this never happens, but if SMTHY gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend SMTHY (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

If you find yourself in a dispute with another user of SMTHY’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Case System. Consumers and Makerss who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. SMTHY will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. SMTHY has no obligation to resolve any disputes.

Release of SMTHY. You release SMTHY from any claims, demands, and damages arising out of disputes with other users or parties.

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

1. Governing Law. The Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
2. Arbitration. You and SMTHY agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
   For EU sellers, if any dispute arises in connection with the Terms, the parties should first try to resolve the dispute through the complaints procedure. In addition, the dispute may be referred by either party to the Centre for Effective Dispute Resolution (“CEDR”) for mediation. The Parties agree to enter into mediation to settle a good faith dispute and will do so in accordance with the CEDR’s mediation procedures. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR.
   Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and SMTHY are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
3. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and in the case of CEDR, its rules. If the value of your claim does not exceed $10,000 USD, SMTHY will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. For mediation through CEDR, the parties will pay their share of mediation costs, and under certain conditions such fees may be refundable to you, depending on the outcome of the mediation.
4. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware.
5. Modifications. If we make any changes to this “Disputes with SMTHY” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against SMTHY prior to the date the changes became effective. SMTHY will notify you of substantive changes to the “Disputes with SMTHY” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send SMTHY a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and SMTHY in accordance with the provisions of this “Disputes with SMTHY” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and SMTHY regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

If you have any questions about the Terms, please email us at support@SMTHY.app.

*In some countries you may have additional rights and/or the preceding may not apply to you.

Your privacy is very important to all of us at SMTHY. We have established this privacy policy (“Privacy Policy”) to explain to you how your personal information is protected, collected and used. It also describes your choices regarding use, access and correction of your personal information. Personal information is information about you that is personally identifiable such as your name, address, phone number, and email address that is not otherwise publicly available.

SMTHY Enterprises, LLC is the controller of your Personal Data and responsible for the collection, processing and disclosure of your Personal Data as described in this Privacy Policy unless expressly specified otherwise.

By visiting this website, you agree to be bound by the terms and conditions of this Privacy Policy and expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. If you do not agree, please do not use or access our site.

This Privacy Policy is incorporated into and subject to the terms of the SMTHY User Agreement.

We reserve the right to modify this Privacy Policy at any time, so please review it frequently.

In general, you can browse the Site without providing us with any of personal information about yourself. You don’t have to create an account to use some of the SMTHY services, such as viewing public SMTHY profiles or public listings. However even when browsing, SMTHY may receive some personal information from you, like the device you’re using and your IP address.

In order to use most services or features on the Site, you must first complete the registration form and create a username and password. During the registration process, you are required to give contact information such as name, address, phone number, and email address. Note, once you agree to provide us with personal information, you are no longer anonymous to us.

If you choose to use our services, we may require you to provide contact and identity information, billing information, and other personal information as indicated on the forms throughout the Site. Under some circumstances we may require some additional financial information. Where possible, we indicate which fields are required and which are optional.

You always have the option to not provide information by choosing not to use a particular service or feature.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.

From time-to-time we may provide you the opportunity to participate in contests or surveys on the Site. If you choose to participate, we will request certain personal information, including your email address, from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information and demographic information. We will not share the personal information you provide through a contest or survey with other third parties unless we give you prior notice and choice.

As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.

We track trends in users’ usage and volume statistics to create a more efficient and usable site, and to determine areas of the site that could be improved to enhance the user experience.

Log files are used on the website, and in any link to the website from an email.

Technologies such as: cookies and similar technologies are used by SMTHY and our marketing partners, affiliates, and customer support and fraud prevention service providers. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use cookies to remember user preferences and for authentication. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

We collect and use your data principally for the following purposes:

• Provide services and features that are most likely to meet your needs and facilitate the services you request
• Customize your experience and the content, products, and services offered to you
• Verify the accuracy of your name, address, and other information
• Bill you for your use of our services and collect fees owed
• Provide support for your transactions, products, and services you use
• Assist you to resolve disputes
• Comply with legal requirements
• Inform you about online and offline offers, products, services, and updates
• Provide targeted advertising, including the use of re-targeting technology
• Measure consumer interest in our products and services
• Detect and protect us against error, fraud, and other criminal activity and enforce our User Agreement
• Look across multiple users to identify problems or resolve disputes and identify users using multiple usernames or aliases
• Compare and review your personal information for errors, omissions, and accuracy
• Conduct internal research on our users’ demographics, interest, and behavior to better understand, protect, and serve you and our community
• Improve our marketing and promotional efforts, analyze site usage, improve our content and product offerings, and customize the Site's content, layout, and services
• Collect personal information on behalf of our payment processors in order to meet compliance obligations, such as Know Your Customer.

As a matter of policy, we do not sell, rent or share any of your personal information, including your email address, to third parties for their marketing purposes without your explicit consent. The profile you create on the Site will be publicly accessible unless otherwise indicated. You may change the privacy settings of your profile through your account portal. However, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide our services.

SMTHY Community: Your SMTHY username is displayed throughout the Site and is therefore available to the public. All of your activities on the Site will be identifiable to your username. Other people can see your quotes, shipments you have listed, your feedback rating and associated comments, your postings on the site, and so on. Therefore, if you associate your name with your username, the people you have revealed your name to will be able to personally identify your SMTHY activities. If you are involved in a transaction, we have features that allow parties to the transaction to view your email address and obtain your contact information to help complete the transaction. Further, we may send out notices to you or other community members regarding suspicious activity or policy violations on the site. Additionally, we may share your written correspondence, including emails to the other party to your transaction as part of the dispute resolutions process. To request removal of your personal information from the SMTHY community, contact us at our contact information found below. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

External Service Providers:There may be separate services offered by third parties that we refer to as external service providers that may be complementary to your use of the site. If you choose to use these separate services, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. We do not disclose your personal information, including your email address, to external service providers unless you provide your explicit consent. With your consent we may provide some of your personal information to the external service provider offering such services, for your convenience. To prevent our disclosure of your personal information to an external service provider, you can decline such consent or simply not use their services. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.

Internal Service Providers for Our Operations: We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of the business (sometimes utilizing framing techniques), product and service operations that we provide to you and therefore we may provide some of your personal information, including your email address, directly to these internal service providers. Any sensitive information that is transmitted to internal service providers involved in any payment processing functions will be encrypted or tokenized. These internal service providers' are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced SMTHY related operation, unless you have explicitly agreed or given your prior permission to them for additional uses. If you provide additional information to an internal service provider directly, then their use of your personal information is governed by their applicable privacy policy.

Legal Requests: SMTHY cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect you and the SMTHY community from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, user history, fraud complaints, and quoting and listing history without a subpoena. Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to: prevent imminent physical harm or financial loss; or report suspected illegal activity.
Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information, including your email address, to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. See “Security Section” below.

We will occasionally send you information on products, services, special deals, and promotions, as well as a newsletter. You are signed up for these emails at registration and you may unsubscribe at any time by going to your account tab and opting out of the emails, or by following the directions to unsubscribe in the email.

Out of respect for your privacy, we provide you a way to unsubscribe from each of these communications when we ask for it. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at support@SMTHY.app.

You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

Based upon the personal information you provide us, we will send you a welcoming email to verify your email address, username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. Email is the primary means of communication between members doing transactions on the site and you must be able to receive this information to use SMTHY properly.

This Web site contains links to other sites that are not owned or controlled by SMTHY. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy policies of each and every Web site that collects personal information. This privacy policy applies only to information collected by this Web site.

We display personal testimonials of satisfied customers on our site in addition to other endorsements. We may post your testimonial along with your first name and last initial. If you wish to update or delete your testimonial, you can contact us at support@SMTHY.app.

Upon request we will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. You may request this information by contacting support@SMTHY.app. We will respond to your request within 30 days.

The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

We follow generally accepted industry standards to protect the personal information, including your email address, submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

If you are visiting the Site outside of the United States, please be aware that you are sending information to the United States where our servers are located. That information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence. These countries (including the United States) may not have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage, and protection of your Personal Information will be governed by this Privacy Policy.

If we decide to change our privacy policy, we will post those changes to this privacy policy on our website and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

If you have any questions or suggestions regarding our privacy policy or to exercise your rights regarding your personal information, please contact us at support@SMTHY.app.

We think it's important for you to understand how cookies and other similar technologies are used by SMTHY and our partners. These technologies help SMTHY function, allow us to understand how you use the Services, and have a number of purposes (beyond just advertising) that you can read about in this policy.

In this policy, we'll refer to SMTHY.app as the "Site" and SMTHY's mobile applications as the "Apps." We'll refer to the Site, the Apps, Pattern by SMTHY, SMTHY Payments, and our other services collectively as the "Services." We’ll refer to cookies and similar technologies collectively as “Cookie Technologies.”

Cookies

Cookies are small data files sent from a server to your web browser. They are stored in your browser’s cache and allow a website or a third party to recognize your browser. There are three primary types of cookies:

• Session cookies are specific to a particular visit and carry information as you view different pages so you don’t have to re-enter information every time you change pages or attempt to checkout. Session cookies expire and delete themselves automatically in a short period of time like after you leave the Site or when you close your web browser.
• Persistent cookies remember certain information about your preferences for viewing the site, and allow SMTHY to recognize you each time you return. Persistent cookies are stored on your browser cache or mobile device until you choose to delete them, and otherwise typically delete themselves at expiration.
• Third-party cookies are placed by someone other than SMTHY, and may gather browsing activity across multiple websites and across multiple sessions. They are usually a type of persistent cookie and are stored until you delete them or they expire based on the time period set in each third-party cookie.

Cookies store data about your use, but they are helpful because they allow us to help SMTHY function and customize your experience. You can configure your desktop or mobile browser's settings to reflect your preference to accept or reject cookies, including how to handle third-party cookies.

Other Technologies

In addition to cookies, there are other similar technologies used by SMTHY and elsewhere on the web or in mobile ecosystems.

• Web beacons: These are tiny graphics (sometimes called “clear GIFs” or “web pixels”) with a unique identifier that are used to understand browsing activity. In contrast to cookies, which are stored on a user's computer hard drive, web beacons are rendered invisibly on web pages when you open a page.
• Social widgets: These are buttons or icons provided by third-party social media providers that allow you to interact with those social media services when you view a web page or a mobile app screen. These social widgets may collect browsing data, which may be received by the third party that provided the widget, and are controlled by the third parties.
• UTM codes: These are strings that can appear in a URL (the “Uniform Resource Locator,” which is typically the http or https address entered to go to a web page) when a user moves from one web page or website to another, where the string can represent information about browsing, such as which advertisement, page, or publisher sent the user to the receiving website.
• Application SDKs: These are mobile application third-party software development kits that are embedded in the Apps (and are used in many mobile applications). These app SDKs permit the collection of information about the app itself, activity in the app, and the device the application is running on.
• Local Storage Objects: These are sets of data that can be stored on your browser by a site or app. They can be used to maintain preferences, a history of usage, or even the state or settings of a site or an app.
• Internet of Things identifiers: Like mobile identifiers, internet-connected devices such as voice activated assistants or smart TVs may send identifiers and other data analogous to web browsers or mobile SDKs.

SMTHY uses Cookie Technologies to recognize your logged-in state on SMTHY, to understand what purchases members and visitors are interested in, to make SMTHY’s Sites function for you, and to help your browsing experience and use of the Site, Services, and Apps feel more customized. More generally, SMTHY uses Cookie Technologies for the following.

Security and Authentication (Strictly Necessary)

Some cookie and similar technology functions are necessary and vital to ensuring that SMTHY works properly for visitors and members, such as maintaining the security, safety, and integrity of the Site, authentication and logging into SMTHY (including remembering permissions and consents you have granted), and ensuring the ability to securely complete transactions.

Account and User Preferences

Some technologies are used to remember your account and preferences over time, such as keeping yourself logged in when returning to SMTHY, maintaining your choices on SMTHY features and how you want SMTHY to appear (including keeping track of your preferred language and country), and customizing content based on how you use SMTHY.

Social Networks

Some technologies help you to interact with social networks you are signed into while using the Services, such as sharing content with the social network, logging in with the social network, and other features you employ with the social network, or that are allowed in the social network’s privacy policy. These may be set and controlled by the social networks, and your preferences with those social networks.

Social networks may also work with SMTHY or with you for analytics or for marketing purposes, as discussed below. You may be able to manage your privacy preferences for these social networks and their tools and widgets via your account with the social network.

Performance and Analytics

Some technologies help provide performance data on how the Services are functioning in order to improve SMTHY and the Services, including, for example, data on site and app functionality and speed to help us optimize SMTHY, how the Services are used to help us improve your experience on SMTHY, and detecting and gathering reporting on bugs to help make SMTHY work better.

In addition, SMTHY may employ transient technologies, including cookies or local stored objects, for site performance, experiments, form information, and interactions with the site, and may use temporary, short-term cookies for limited-time site events such as sales and promotions.

The Site employs Google Analytics to help understand how SMTHY is used by its community. For some of the advertising features listed below, like retargeting, data from Google Analytics may be combined with SMTHY’s first-party data and third-party cookies (like Google’s advertising cookies) as permitted by Google’s and SMTHY’s respective policies. The Site also employs Facebook App Events SDKs for analytics in the Apps in a similar fashion, subject to your Opt-Out.

You can find more information on how Google Analytics works in this Google guide and on Facebook App Events here.

Marketing Services

SMTHY partners with third-party service providers that may use various Cookie Technologies to permit us and them to learn about which ads you see and click when you visit SMTHY, the Apps, and affiliated sites or to show you ads on and off SMTHY. These may include things such as:

• Frequency capping, which limits the number of times a user’s browser or mobile device displays the same ad;
• Attribution tracking, which estimates which advertising or marketing source brought someone to SMTHY, or determines which marketing source led to actions like a visit or a purchase;
• Remarketing and retargeting, which shows relevant ads to an audience based on prior shopping and browsing patterns on SMTHY;
• Audience targeting, which refers to targeting advertisements to a large audience based on the audience’s known or inferred demographics; and
• Cross-device recognition, which recognizes actions across multiple devices or browsers.

Some third-party service providers may provide information like demographics, cross-device information, or interest categories from a combination of sources that, while not identifying you personally, permit us to provide you with more relevant and useful advertising. In some cases, this information may have non-marketing performance analytics uses as well.

These technologies allow a partner to recognize your computer, mobile device or network device (like an IoT device such as a voice-activated assistant or smart TV), each time you visit SMTHY or other websites and mobile applications based on data like a cookie, your IP address, or device ID, but do not allow access to other personal information from SMTHY. However, these technologies may allow us or a third party to recognize you, either from a single device or across devices, over time. These third parties are required to follow applicable laws, self-regulatory programs, and SMTHY’s data protection rules where applicable. SMTHY does not have control over these third parties, who each have their own privacy policies and privacy practices.

For audience targeting, SMTHY may share hashed identifiers that represent an email address or name with partners Google and/or Facebook so they can provide SMTHY with audiences interested in specific types of products and services. Google and/or Facebook will only provide this information, and can only identify you, based on their separate policies and agreements with their users.

The Apps may include third-party application software development kits (“SDKs”) that provide mobile performance and analytics data, bug reporting features, and application program interfaces ("APIs") to third parties that help provide the Services, for social media functionality, and for marketing and advertising.

Certain Cookie Technologies are employed to make the Site function for its intended purpose, and are provided based on contractual necessity based on your agreement with SMTHY to perform the services you have requested. These include the functions strictly necessary to the service noted above.

By choosing to use our Services after having been notified of our use of Cookie Technologies in the ways described in this Policy, and, in applicable jurisdictions, through notice and unambiguous acknowledgement of your consent, you agree to such use.

You have the ability to control the use of certain Cookie Technologies. You can opt out of third party marketing cookies and similar technologies via the Privacy Settings link available at the bottom of most SMTHY site pages, or via the GDPR Preferences link for users in the European Union and EEA.

Opt-in and Opt-out for Browsers

In addition, when you use SMTHY via a browser, you can change your web browser's settings to reflect your cookie preferences. Each browser is a little different, but usually these settings are under the "options" or "preferences" menu. The links below provide information about cookie settings for the browsers supported by SMTHY:

• Microsoft Edge
• Internet Explorer
• Firefox
• Chrome
• Safari

Opt-out of Third-Party Networks

If you do not wish to have this information used for the purpose of serving you interest-based advertisements, in addition you may decline to receive interest based ads through TrustE/TrustArc’s preferences manager (or if you are located in the European Union click here). Please note this does not stop you from being served advertisements. You will continue to receive generic advertisements. If you reject or block all cookies in your browser settings, you will not be able to take advantage of SMTHY's Services as some cookies are necessary for the Site to function properly.

You can learn more about managing your preferences for ads online, particularly for many third-party advertising networks, through resources made available by the Digital

Advertising Alliance at https://www.aboutads.info or the Network Advertising Initiative at https://optout.networkadvertising.org.

Google Analytics Opt-out

For Google Analytics Advertising Features, you can opt-outthrough Google Ads Settings, Ad Settings for mobile apps, or any other available means (for example, the NAI's consumer opt-out listed above). Google also provides a Google Analytics opt-out plug-in for the web.

Third-Party Tools

Various third parties provide browser plug-ins and apps that can help provide you information on and limit or block third-party cookies, web beacons, and some Javascript-based technologies. SMTHY cannot vouch for the efficacy of a particular third-party product, but popular products that provide these privacy enhancements include Ghostery and AdBlock Plus.

Both Google and Facebook provide tools to control use of advertising on their respective platforms, including advertising on and with SMTHY. More information can be found in your account settings on the respective platforms, including in Google’s Privacy Center and in Facebook’s Ad Settings

Mobile and Third Party Device Opt-out

If you access SMTHY through the Apps, you may also control interest-based advertising on an iOS or Android device by selecting the “Limit Ad Tracking” option in the privacy section of the Settings App on iOS or via advertising preferences on Android-based devices (usually in the Google Settings app). This will not prevent you from seeing advertisements but will limit the use of device advertising identifiers to personalize ads based on your interests.

For third party IoT devices such as voice activated assistants or smart TVs, consult with the manufacturer and/or service provider for the opt out mechanism for their respective devices and services.

If you have questions about the use of Cookie Technologies at SMTHY, please email at support@SMTHY.app